The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s policy to introduce wheelchair accessible taxis in its area. There is insufficient evidence of fault which would warrant an investigation.
The complaint
Mr X complained about the Council’s policy to introduce wheelchair accessible taxis in its area. He says there was insufficient consultation for taxi drivers such as him. He also complained about the Council’s decision to suspend the introduction of the policy in 2023 when it was proposed to be introduced. He says the Council’s actions have caused him to suffer financial loss.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered the information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X is a taxi driver in the Council’s area. In 2019 the Council drew up a policy to introduce wheelchair friendly vehicles into its taxi licensing scheme in order to comply with the government guidance to make taxi services compliant with the Equality Act 2010. Mr X says he did not receive sufficient consultation about the policy when a report was circulated to introduce the policy.
The Council says it carried out considerable public consultation with both taxi users groups and the drivers’ representatives. The details of the consultation were included in the report which is still available on the Council’s website.
Mr X also says the Council decided to suspend introduction of the policy in March 2023 which caused drivers further hardship. The Council says the decision to suspend the policy was due to representations from the taxi trade concerning lack of available compliant vehicles, reduced trade following the COVID-19 pandemic and amended government guidance which required authorities to provide an Inclusive Service Plan. The policy had to be amended for these requirements causing a delay in introduction.
The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether someone disagrees with the decision the organisation made.
Final decision
We will not investigate this complaint about the Council’s policy to introduce wheelchair accessible taxis in its area. There is insufficient evidence of fault which would warrant an investigation.
Investigator's decision on behalf of the Ombudsman